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BD. OF HEALTH OF TP. OF SCOTCH PLAINS v. PINTO

108 N.J. Super. 349 (1970)

261 A.2d 389

BOARD OF HEALTH OF THE TOWNSHIP OF SCOTCH PLAINS, PLAINTIFF-RESPONDENT, v. JOHN PINTO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 2, 1970.

Attorney(s) appearing for the Case

Mr. Harry Kay argued the cause for appellant.

Mr. James J. Walsh argued the cause for respondent.

Messrs. Crane and Beglin (Mr. Carlyle W. Crane, on the brief) filed a brief amicus curiae on behalf of the Plainfield Area Cartmen's Association and other refuse collectors.

Before Judges KILKENNY, LABRECQUE and LEONARD.

The opinion of the court was delivered by KILKENNY, P.J.A.D.

On October 3, 1968 defendant unilaterally sent bills with increased monthly rates to property owners in Scotch Plains for collecting their garbage and refuse, without applying to and receiving approval of the local board of health. This was in violation of section 6.2 of a Scotch Plains Board of Health ordinance, known as chapter 57-7. For this violation he was convicted and fined $100 in the Scotch Plains...

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